The purpose of this rulemaking is to amend Rule 15C-16.012, F.A.C., to comport with an order issued on November 6, 2017, in DOAH Case No. 17-3894RX, which held that paragraph (5) of Rule 15C-16.012, F.A.C., is an invalid exercise of delegated ...

 

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

Division of Motor Vehicles

RULE NO.:RULE TITLE:

15C-16.012Electronic Filing System Requirements; Disclosure to Customer

PURPOSE AND EFFECT: The purpose of this rulemaking is to amend Rule 15C-16.012, F.A.C., to comport with an order issued on November 6, 2017, in DOAH Case No. 17-3894RX, which held that paragraph (5) of Rule 15C-16.012, F.A.C., is an invalid exercise of delegated legislative authority.

SUBJECT AREA TO BE ADDRESSED: Electronic Filing System Requirements

RULEMAKING AUTHORITY: 320.03(10), FS

LAW IMPLEMENTED: 320.03(10), FS

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Ray Graves, Bureau Chief, 2900 Apalachee Parkway, Room A201, Tallahassee, FL 32399-0500, [e-mail], [phone]

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

 

15C-16.012 Electronic Filing System Requirements; Disclosure to Customer.

(1) through (4) No change.

(5) If an EFS agent charges a fee to the customer for use of the electronic filing system in a title or registration transaction, the fee shall be disclosed separately and in a clear and conspicuous manner in the sales agreement along with the other options for titling and registration. The EFS agent  may not disclose or disguise this as a State or Government fee.

Rulemaking Authority 320.03(10) 320.03(10)(a) FS. Law Implemented 320.03(10) 320.03(10)(a), (b) FS. History–New 12-14-10, Amended 11-22-11, Formerly 15C-18.006, Amended                            .